§ 39-27. Notices of public hearing.

(a)

All notices of public hearing for rezonings, amendments to the zoning code, and amendments to development orders for developments of regional impact shall be in accordance with Chapter 125, Florida Statutes.

(b)

In addition to the requirements of State law, written notice of a public hearing for any rezoning request shall be provided by the County at least twenty (20) days prior to the public hearing in accordance with the following:

(1)

For all County-initiated petitions for rezoning, notice shall be mailed via regular first class mail to all property owners within the petitioned area and within a radius of three hundred (300) feet of the perimeter of the petitioned area, and to the mayor, commissioners, and city manager of any municipality within Broward County and within a radius of three hundred (300) feet of the perimeter of the petitioned area;

(2)

For all owner-initiated petitions for rezoning, notice shall be mailed via regular first class mail to all property owners within a radius of three hundred (300) feet of the perimeter of the petitioned area, and to the mayor, commissioners, and city manager of any municipality within Broward County and within a radius of five hundred (500) feet of the perimeter of the petitioned area, except that such radius shall be extended to one thousand (1,000) feet when any such request is in or contiguous to any Rural, Estate, or Agricultural district, or any Wellfield Zone of Influence, as depicted in the adopted Wellfield Protection Zones of Influence maps; or

(3)

For all County-initiated or owner-initiated petitions for rezoning of property used, or to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility:

a.

Notice shall be mailed via regular first class mail to the mayor, commissioners, and city manager of any municipality within Broward County and within a radius of four (4) miles of the perimeter of the petitioned area;

b.

Email notification shall be provided to the County Commissioners of districts for which any portion of the district is within a radius of four (4) miles of the perimeter of the petitioned area; and

c.

Email notification shall be provided to the board members of condominium and homeowners' associations within Broward County and within a radius of four (4) miles of the perimeter of the petitioned area who sign up with Broward County to receive email notifications, and to any other person who lives within Broward County and within a radius of four (4) miles of the perimeter of the petitioned area and who signs up with Broward County to receive email notifications. The notifications provided under this Section c. are courtesy notifications and shall not affect the validity of any action taken relative to an application under this part, and failure to receive such notification shall not give rise to a cause of action challenging such application; and

(4)

All notices, including sign notices, shall include the rezoning petition number, location and description of the subject property, current zoning, proposed zoning, the date, time, and place of the hearing, a phone number for the Planning and Development Management Division, or successor agency, and an explanation of the request; and

(5)

Property owners and addresses for notice shall be determined in accordance with the current tax roll of Broward County, Florida, unless there is actual knowledge of a subsequent property owner; and

(6)

In the event the notification area for a petition for rezoning of property that is not used, or not to be used, as a dump, sanitary landfill, incinerator, or resource recovery facility includes land declared to be a condominium or homeowners' association under Chapter 718 or 720, Florida Statutes, then notice to the condominium or homeowners' association shall constitute notice; and

(7)

At least twenty (20) days prior to any public hearing, the County shall post a sign upon the property so as to face, and be visible from, the street upon which the property is located. The sign shall be a minimum of three (3) feet by four (4) feet in size and shall state the following:

NOTICE OF PUBLIC HEARING
REZONING

The sign shall include the information required by Section (b)(4) above. The Planning and Development Management Division, or successor agency, shall provide a notarized affidavit to the Board of County Commissioners stating that the sign was posted on the appropriate date. No permit shall be required for such sign.

The sign shall remain posted on the property until a decision on the petition has been made by the Board of County Commissioners.

(c)

No public hearing shall be commenced by the Board of County Commissioners unless an affidavit of proof of required notice publications, posting, and mailing (including emailing) is presented to the Board of County Commissioners for review and submitted to the County Administrator, or designee, for filing with the minutes of the meeting.

(Ord. No. 1998-08, § 4, 4-28-98; Ord. No. 2000-36, § 8, 8-22-00; Ord. No. 2001-14, § 1, 5-8-01; Ord. No. 2002-12, § 1, 4-9-02; Ord. No. 2005-17, § 4, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-15 , § 1, 4-10-18; Ord. No. 2018-41 , § 1, 9-25-18)